Title 51, Labor and Employment; Unlawful Discrimination

(1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 shall have a right of action against the employer for the recovery of: (a) The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of t…

(1) In a civil action under ORS 652.230 or 659A.885 (1) alleging a violation of ORS 652.220, the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence…

Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. [1957 c.243 §1]

A public employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Department of Transportation, the United States Forest Service or any local organization for civil defense, shall not forfeit wages while engaged in an o…

(1) As used in this section: (a) “Home health care staff” means individuals who provide home health services. “Home health care staff” does not include: (A) Home care workers, as defined in ORS 410.600; (B) Direct caregivers employed by an in-home care agency as defined in ORS 44…

As used in ORS 652.310 to 652.414, unless the context requires otherwise: (1) “Employer” means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes any successor to the business of any employer, or any lessee …

As used in ORS 652.310 to 652.414, unless the context requires otherwise: (1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (2) “Court” means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 to …

(1) The Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to 652.414 and to that end may: (a) Investigate and attempt equitably to adjust controversies between employers and employees in respect of wage claims or alleged wage claims. (b) Take assignment…

(1) In any case when the Commissioner of the Bureau of Labor and Industries has received a wage claim complaint which the commissioner could seek to collect through court action, the commissioner may instead elect to seek collection of such claim through administrative proceeding…

(1)(a) If the Commissioner of the Bureau of Labor and Industries receives a valid wage claim filed against a contractor or a business subject to licensing under ORS chapter 701 for unpaid wages, the commissioner shall notify the Construction Contractors Board and the contractor o…

(1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who a…

(1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330, it appears to the commissioner that the employer is representing to employees that the employer is able to pay wages for their servi…

(1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has made a wage claim or discussed, inquired about or consulted an attorney or agency about a wage claim; (b) The employee has caused to be instituted any proceedin…

(1) An employer may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau of Labor and Indust…

(1) Justice courts shall have concurrent jurisdiction with circuit courts over all cases mentioned in ORS 652.330 or 652.340. (2) The Commissioner of the Bureau of Labor and Industries shall prosecute all legal proceedings on the commissioner’s own official relation, but in the n…

(1) The remedies provided by ORS 652.310 to 652.414 shall be additional to and not in substitution for and in no manner impair other remedies and may be enforced simultaneously or consecutively so far as not inconsistent with each other. (2) No payment or tender after the filing …

(1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner’s penalties. The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements inc…

Subject to ORS 652.390, all moneys collected on civil judgments pursuant to ORS 652.330, or as a result of administrative proceedings pursuant to ORS 652.332, shall be paid to the Commissioner of the Bureau of Labor and Industries and, together with all other sums collected under…

(1) The Commissioner of the Bureau of Labor and Industries shall attempt for a period of not less than three years to make payment of wages collected under ORS 652.310 to 652.414 to the person entitled thereto. (2) By July 30 of each year, the commissioner shall pay wages collect…

(1) The Wage Security Fund is established separate and distinct from the General Fund. After withholding the actual shared costs of the Employment Department under ORS 657.462 (5)(b), all amounts received by the department pursuant to ORS 657.462 (5)(a) shall be paid into the Sta…

Notwithstanding any other provision of law: (1) When an employee files a wage claim under this chapter for wages earned and unpaid, and the Commissioner of the Bureau of Labor and Industries: (a) Determines that the employer against whom the claim was filed has ceased doing busin…

(1) As used in ORS 652.420 to 652.445: (a) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (b) “Labor bureau” includes any agency, bureau, commission, board or officer in another state that performs functions substantially corresponding to those of th…

The Commissioner of the Bureau of Labor and Industries may enter into agreements with the corresponding labor bureau of another state for the reciprocal enforcement and collection of wage claims, if the other state has a reciprocal statute similar to ORS 652.420 to 652.445 or oth…

Whenever a wage claim is assigned to the Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS 652.330 and the employer or former employer upon whom demand for payment is made by an employee in this state has removed to another state, the commissioner may re…

Whenever a labor bureau in another state, which has entered into a reciprocal agreement under ORS 652.425 with the Commissioner of the Bureau of Labor and Industries and the agreement is in effect at the time, takes an assignment of a wage claim from an employee residing in the o…

Any agreement concluded by the Commissioner of the Bureau of Labor and Industries shall make provision for the transfer of funds collected pursuant to ORS 652.420 to 652.445 and for retention by the commissioner or the labor bureau in the other state of percentile amounts from th…

Except as provided in ORS 652.440, all moneys collected pursuant to ORS 652.420 to 652.445, including costs, shall be paid to the Commissioner of the Bureau of Labor and Industries and be deposited in the State Treasury in the Wage Collection Account established by ORS 652.400. […

Whenever the business or property of any person, company or corporation in this state shall be placed by any court in this state in the hands of a receiver, whether upon foreclosure or creditor’s bill, the receiver shall report immediately to the court appointing the receiver the…

(1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state, or when the business or property is placed in the hands of a receiver, or whenever any assignment for the benefit of creditors unde…

If applicable under ORS 37.040, the Oregon Receivership Code controls over conflicting provisions of ORS 652.510 to 652.570. [2017 c.358 §55]

The statement to be presented under ORS 652.510 shall be substantially in the following form: ______________________________________________________________________________ State of Oregon ) ) ss. County of _____, ) I, _____, being first duly sworn, say that _____ is indebted to …

(1) The person claiming the benefit of ORS 652.510 to 652.570 shall serve upon the debtor, or upon the officer, assignee or receiver for the debtor where personal service cannot be had, a copy of the verified claim. Thereafter the person receiving such statement shall report the …

(1) Any person interested may contest all or any part of a claim mentioned in ORS 652.530, by filing in said court exceptions thereto, supported by affidavit, within 10 days from the filing of the report provided in ORS 652.530. Thereupon the claimant shall be required to establi…

No attachment or execution shall be discharged nor shall the seizure or sale of property seized be abandoned, or assignee or receiver discharged, until every claimant presenting a claim under ORS 652.510 to 652.570 has been paid in full, or pro rata, as provided in ORS 652.510, o…

Whenever any claim has been excepted to under ORS 652.540 and the claim is established by judgment and the court rendering the judgment is satisfied that the exceptions were made without probable cause or that the person so excepting could have ascertained with reasonable diligen…

(1) Every sale or transfer of any property in payment of any preexisting debt, or obligation, and every mortgage or lien created or executed to secure the payment of a preexisting debt, shall be void as against laborers or employees of such vendor, mortgagor, or other lien debtor…

(1)(a) All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions, except the federal government and its agencies, employing, in this state, during any calendar month one or more persons…

There is hereby created a private cause of action for a violation of ORS 652.610 (3) for actual damages or $200, whichever is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. [1981 c.594 §7]

All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions thereof, except the federal government and its agencies employing, in this state, five or more persons, during any calendar mon…

(1) As used in this section, “public employee” and “public employer” have the meanings given those terms under ORS 243.650. (2) When a public employee receives an erroneous overpayment of wages in an amount greater than the employee’s entitlement, the public employer may deduct t…

As used in ORS 652.630 to 652.640, unless the context requires otherwise: (1) “Bonus” means an increase in the agreed rate of compensation based on the amount of time worked during a perishable agricultural product season or based on the amount of a perishable agricultural produc…

Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultural products shall cause to be conspicuously posted and mainta…

Each time a person who harvests perishable agricultural products receives compensation payments at a regular pay period or upon termination of employment, the producer, or agent of the producer, or, if the person is an employee of a labor contractor, the labor contractor shall fu…

(1) All moneys collected by an employer from employees or retained from their wages for the purpose of providing for or furnishing to such employees medical and surgical attention, hospital care, X-rays, ambulance, nursing or any related service or care contingent upon sickness o…

(1) No employer shall retain, directly or indirectly, from employees or from their wages any part of the money collected or retained under ORS 652.710 for use or benefit of the employer. (2) No employer shall apply, directly or indirectly, any portion of the money so collected to…

(1) As used in this section: (a) “Employer” has the meaning given that term in ORS 656.005. (b) “Personnel records” does not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state…

(1) As used in this section and ORS 652.753, “employee” and “employer” have the meanings given those terms in ORS 652.210. (2) Unless prohibited by federal law, an employer shall, within three business days of receiving a notice of an inspection from a federal agency compelling t…

The Commissioner of the Bureau of Labor and Industries shall generate and make available on the Bureau of Labor and Industries website a template for a notice that employers may use to comply with the requirements of ORS 652.752. The commissioner shall make the template available…

(1) As used in this section, “employer” has the meaning given that term in ORS 652.210. (2) The Commissioner of the Bureau of Labor and Industries shall adopt rules, in collaboration with business representatives and with groups that advocate for low income people, to require emp…

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed: (a) $1,000 against any person who violates ORS 652.020, 652.110, 652.140, 652.145, 652.260, 652.610 (4) or 652.750 or any rule ad…